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by Jeremy Newton, Jeremy Holt
A Manager’s Guide to IT Law, 2nd Edition
Front Cover
Half title Page
Bcs the Chartered Institute For It
Title Page
Copyright Page
Contents
Contributors
Acknowledgements
Abbreviations
Glossary
Useful Websites
Preface to Second Edition
1 IT CONTRACTS – Jeremy Holt
Introduction
Parts of a contract
Who are you going to call?
Checking out the supplier
Letter of intent
The supplier’s terms
What contracts are there likely to be?
Appendix: Main points of an IT contract
2 SYSTEMS PROCUREMENT CONTRACTS – Jeremy Newton
The negotiation process
Beware the standard contract
Contract mechanics
Commercial highlights
Problem management
Enforceability of exclusion clauses
Conclusion
Appendix: The ‘reasonableness’ test in practice
3 AVOIDING EMPLOYMENT PROBLEMS – Jeremy Holt
Introduction
Computer and email usage policies
Avoiding health and safety claims
Appendix: Specimen policy for computer and email use
4 INTELLECTUAL PROPERTY LAW FOR COMPUTER USERS – Jennifer Pierce
Introduction
Hardware and intellectual property rights
Software and intellectual property rights
Databases and intellectual property rights
Websites and intellectual property rights
Domain names and intellectual property rights
The internet and trade marks
The internet and copyright and database right
Appendix: A basic guide to intellectual property and related rights
5 SOURCE CODE ESCROW – Jon Leigh and Graham Wood
Introduction
The importance of escrow for software users
When do you need escrow?
Technical considerations
Verification
What should be lodged?
The agreements
User’s duties
Choosing an escrow agent
Advantages of escrow for software owners
Conclusion
6 OUTSOURCING – Jeremy Newton
Introduction
Defining the services
Design risk
Service Level Agreement
Pricing and payment mechanisms
The outsourcing life cycle
Other relevant issues
7 DATA PROTECTION – Andrew Katz
Introduction
What data are covered
Sensitive personal data
Who needs to notify?
How to notify
Data protection principles
Rights of data subjects
Exemptions
Penalties and enforcement
References
8 DOING BUSINESS ONLINE – Jeremy Newton
Introduction
Information to be provided to clients
Forming contracts electronically
Performance and cancellation
Jurisdiction
Marketing communications
Consequences of non-compliance
Other considerations
Appendix: Consolidated information requirements
9 SETTING UP JOINT VENTURES – Andrew Katz
Introduction
Joint ventures and IT projects
Establishing a joint venture
Structure of a joint venture
The operating agreement
Competition law
Appendix: Checklists for a joint venture operating agreement
10 CLOUD COMPUTING – Stuart Smith
What is cloud computing?
The services in the cloud
The evolution of cloud computing
Cloud formations
Silver linings and thunder clouds
Data protection and security
Important clauses in a cloud computing contract for services
Conclusion
11 OPEN SOURCE SOFTWARE – Andrew Katz
Introduction
What is open source?
The public domain
Open source and communities
Open source software businesses
Running open source in your business
Open source and licensing
Software development in context
Contracting open source projects
Open source software and due diligence
Open source policies and procedures
Open source software: employees and contractors
Open source software and patents
Associated licences
Further information
12 WEEE REGULATIONS – Andy Lucas
Introduction
The players
What is WEEE and what do the regulations cover?
Key obligations on IT businesses
Key commercial issues
Further information
13 FREEDOM OF INFORMATION – Victoria Hordern
Introduction
Transparency Agenda
Public authorities
A public authority’s obligations
Providing information to the public authority
The request process
Withholding information
Impact of FOIA on private companies
Dealing with FOIA
Procurement
Drafting a clause
Further information
14 RESOLVING DISPUTES – Sara Ellacott
Introduction
Overview of dispute resolution methods
Key factors in dispute resolution
Specific dispute resolution methods
Conclusion
Index
Text Table
Notes
Back Cover
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Prev
Previous Chapter
Copyright Page
Next
Next Chapter
Contributors
CONTENTS
Contributors
Acknowledgements
Abbreviations
Glossary
Useful websites
Preface to second edition
1
IT CONTRACTS–Jeremy Holt
Introduction
Parts of a contract
Who are you going to call?
Checking out the supplier
Letter of intent
The supplier’s terms
What contracts are there likely to be?
Appendix: Main points of an IT contract
2
SYSTEMS PROCUREMENT CONTRACTS–Jeremy Newton
The negotiation process
Beware the standard contract
Contract mechanics
Commercial highlights
Problem management
Enforceability of exclusion clauses
Conclusion
Appendix: The ‘reasonableness’ test in practice
3
AVOIDING EMPLOYMENT PROBLEMS–Jeremy Holt
Introduction
Computer and email usage policies
Avoiding health and safety claims
Appendix: Specimen policy for computer and email use
4
INTELLECTUAL PROPERTY LAW FOR COMPUTER USERS–Jennifer Pierce
Introduction
Hardware and intellectual property rights
Software and intellectual property rights
Databases and intellectual property rights
Websites and intellectual property rights
Domain names and intellectual property rights
The internet and trade marks
The internet and copyright and database right
Appendix: A basic guide to intellectual property and related rights
5
SOURCE CODE ESCROW–Jon Leigh and Graham Wood
Introduction
The importance of escrow for software users
When do you need escrow?
Technical considerations
Verification
What should be lodged?
The agreements
User’s duties
Choosing an escrow agent
Advantages of escrow for software owners
Conclusion
6
OUTSOURCING–Jeremy Newton
Introduction
Defining the services
Design risk
Service Level Agreement
Pricing and payment mechanisms
The outsourcing life cycle
Other relevant issues
7
DATA PROTECTION–Andrew Katz
Introduction
What data are covered
Sensitive personal data
Who needs to notify?
How to notify
Data protection principles
Rights of data subjects
Exemptions
Penalties and enforcement
References
8
DOING BUSINESS ONLINE–Jeremy Newton
Introduction
Information to be provided to clients
Forming contracts electronically
Performance and cancellation
Jurisdiction
Marketing communications
Consequences of non-compliance
Other considerations
Appendix: Consolidated information requirements
9
SETTING UP JOINT VENTURES–Andrew Katz
Introduction
Joint ventures and IT projects
Establishing a joint venture
Structure of a joint venture
The operating agreement
Competition law
Appendix: Checklists for a joint venture operating agreement
10
CLOUD COMPUTING–Stuart Smith
What is cloud computing?
The services in the cloud
The evolution of cloud computing
Cloud formations
Silver linings and thunder clouds
Data protection and security
Important clauses in a cloud computing contract for services
Conclusion
11
OPEN SOURCE SOFTWARE–Andrew Katz
Introduction
What is open source?
The public domain
Open source and communities
Open source software businesses
Running open source in your business
Open source and licensing
Software development in context
Contracting open source projects
Open source software and due diligence
Open source policies and procedures
Open source software: employees and contractors
Open source software and patents
Associated licences
Further information
12
WEEE REGULATIONS–Andy Lucas
Introduction
The players
What is WEEE and what do the regulations cover?
Key obligations on IT businesses
Key commercial issues
Further information
13
FREEDOM OF INFORMATION–Victoria Hordern
Introduction
Transparency Agenda
Public authorities
A public authority’s obligations
Providing information to the public authority
The request process
Withholding information
Impact of FOIA on private companies
Dealing with FOIA
Procurement
Drafting a clause
Further information
14
RESOLVING DISPUTES–Sara Ellacott
Introduction
Overview of dispute resolution methods
Key factors in dispute resolution
Specific dispute resolution methods
Conclusion
Index
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